Unions urge gov’t to follow rules on foreign workers

Philstar photo

LABOR GROUPS called President Rodrigo R. Duterte “irresponsible” for ignoring rules governing the employment of foreigners in the Philippines, particularly Chinese workers.

In a statement on Monday, Federation of Free Workers (FFW) Vice President Julius C. Cainglet said that Mr. Duterte’s statements are “irresponsible” with the president does not comprehend the impact on the Filipino work force.

“We have laws that govern employment of foreigners and yet there he goes giving a blanket authority to just allow them to work in the country without regard for our laws and without regard to Filipino workers,” Mr. Cainglet said.

On Sunday, Mr. Duterte said in a campaign speech that he cannot “kick out” Chinese workers who are in the country without the required permits, noting that beijing could expel the 300,000 Overseas Filipino Workers (OFWs) in China.

“(I) cannot just say, ‘Leave. I will deport you.’ What if the 300,000 are suddenly kicked out?,” he said in a speech on Sunday.

The influx of Chinese workers was discussed in a Senate hearing last week. Last year, Department of Labor and Employment (DoLE) Undersecretary Ciriaco A. Lagunzad III said in a Senate hearing that Chinese workers often enter the Philippines using tourist visas.

Nagkaisa Labor Coalition Spokesperson Renato B. Magtubo said in a statement on Monday that the President’s reasoning cannot be justified.

“Making an unfounded fear the basis of his argument not to implement our laws on employing foreign nationals… is a dereliction of duty on the part of the President and his labor secretary,” Mr. Magtubo said.

The Trade Union Congress of the Philippines (TUCP) said that Chinese nationals should abide by the law if they are looking to work in the Philippines.

“(I)f there are specializations and skills unavailable in the labor market, these should be given to foreign workers who must apply for Alien Employment Permits (AEP) from DoLE and work permits from the Bureau of Immigration (BI). We clearly reiterate that TUCP is not against the entry of foreign workers, but of the adverse impact on our very own workers who are being deprived of potential employment and livelihood opportunities,” TUCP President and Congressman Raymond C. Mendoza said in a statement on Monday.

Mr. Mendoza added that DoLE and BI need to patch up flaws in the system for issuing work permits for foreign workers.

“There is no coordination between the DoLE and BI. And this is where the problem thrives. Each agency issues permits allowing foreigners to stay and work here using different criteria,” he said.

The Department of Justice (DoJ) and the Bureau of Immigration (BI) “will take their cue” from the President but added that the entry of foreign workers will be monitored.

“The DoJ/BI will take the cue from the chief executive. I understand the President’s statement to mean that illegal aliens already in our country should be given an opportunity to comply with our immigration laws and thus legitimize their stay,” Justice Secretary Menardo I. Guevarra told BusinessWorld.

“Based on news reports, the President has apparently given a signal to exercise some liberality. So I’ll discuss the government’s next moves with the BI,” he added.

Mr. Guevarra, on the other hand, said that the DoJ and the BI will continue to control the entry of foreign workers if they cannot prove that they have skills that cannot be filled by Filipinos.

“We shall ensure that measures to control the unmitigated entry into our country of unskilled and non-technical alien workers in the future shall continue to be strictly enforced,” he said, adding that these measures include devoting more resources for screening, monitoring, and intelligence operations.

The BI’s new and stricter rules, which will require foreign applicants to submit additional documents, in issuing special working permit (SWPs) and provisional working permits (PWPs) to foreigners intending to work in the country would also be another measure but “have yet to be adopted after due consultations with the DoLE (Department of Labor and Employment),” the justice secretary also said.

The BI issues special working permits to foreigners who plan to work in the country for six months while provisional working permits are issued to foreigners with pending applications for pre-arranged employment visas.

During an inquiry by the Senate committee on labor and employment development on Nov. 26, DoLE said that the BI issued SWPs to 119,840 foreigners from 2015 to 2017, most of which were given to Chinese who work for Philippine Offshore Gaming Operators.

Labor Secretary Silvestre H. Bello III said in a Senate hearing on Feb. 21 that DoLE issued a more than 169,000 alien working permits, permits issued to foreigners working for more than six months, 85,486 of which were given to Chinese nationals.

Senator Joel J. Villanueva, who chairs the Senate committee on labor, employment and human resources development, said the rules are there to protect jobs for Filipinos and the rights of the workers regardless of nationality.

“The bottom line is enforcement of laws to protect workers’ rights and our Filipino first policy. There are illegal Filipino workers abroad and we should aim to help them become legal workers. And it is the same as what we are doing here. We want legal workers,” he said in a text message.

Senate President Vicente C. Sotto III said foreigners must be subject to deportation as a consequence for violating Philippine laws.

“Deportation is a consequence if laws are violated by foreigners,” Mr. Sotto told reporters in a text message.

Sen. Francis N. Pangilinan said the government “should not be afraid of China” and should fear instead the anger of unemployed Filipinos while special treatment is given to Chinese workers.

“Uphold the rule of law and without fanfare deport these illegals. The administration should not be afraid of China in the face of hundreds of thousands of their citizens working here illegally. What it should fear is the anger of millions of our people who remain jobless while we give special treatment to these Chinese illegals,” he said in a statement on Monday.

The Senate committee on labor, employment and human resources development has been conducting hearings into the influx of foreign workers. Senators have raised concerns that the jobs the Chinese nationals were filling deprived Filipinos of employment opportunities. — Gillian M. Cortez, Vann Marlo M. Villegas, and Camille A. Aguinaldo

Labor group says Chinese allowed in PHL but jobs must be kept for Pinoys

Manila Times photo

The Trade Union Congress of the Philippines (TUCP) on Monday clarified that it is not against the entry of foreign workers in the Philippines. However, the group insisted that jobs must be kept for Filipinos.

“Our laws and regulations policies are clear: All jobs including skills and professions must be given to Filipino workers and professionals," TUCP president Raymond Mendoza said in a press release.

"However, if there are specialization and skills unavailable in the labor market, these should be given to foreign workers who must apply for Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) and work permits from the Bureau of Immigration (BI)," Mendoza added.

On Saturday, President Rodrigo Duterte remarked that he cannot simply drive away the Chinese nationals working in the Philippines because he is thinking of the welfare of the Filipinos working in China who may be massively laid off as a consequence.

Labor Secretary Silvestre Bello III, for his part, said Chinese nationals who hold working permits in the country are just filling vacancies for jobs that Filipinos cannot or would not do.

The TUCP, meanwhile, lamented that there is no coordination between the DOLE and BI as regards issuing work permits to foreigners, noting that allowing foreign workers to work here should be done with routine coordination and monitoring and must be free from corruption.

Mendoza claimed that the labor market test method, which DOLE uses before it issues work permit, was "flawed."

“Nobody is contesting the labor market test because nobody is aware that there is such a publication. No one is filing a complaint against the applicant because no one is even aware of such notice,” Mendoza said.

"There has to be an immediate serious reforms and improved implementation of work permit policy applied to foreigners," he added.

Mendoza also urged foreigners who wish to work in the Philippines "to legalize their stay, abide with laws and regulations and respect our culture and traditions."

"They should legalize their stay so that they will be protected by our laws from abusive and exploitative working conditions,” Mendoza said. "Foreign nationals must go through the due process legally mandated by the laws."

Meanwhile, Senator Francis "Kiko" Pangilinan on Monday urged the sacking and the filing of charges against DOLE and BI officials for allegedly allowing the illegal entry of around 400,000 Chinese workers.

"Fire DOLE and BI appointees and officials who allowed the entry of 400,000 Chinese illegals. File criminal cases against them," Pangilinan said in a press statement. —Anna Felicia Bajo/KG, GMA News

Bill allowing foreigners to join unions passed on 2nd reading

MANILA, Philippines - The House of Representatives has approved on second reading a bill, allowing foreign individuals or organizations to join trade unions in the Philippines.

"The measure shall promote the solidarity of workers and their organizations, whether inside or outside the country, or both," Davao City Rep. Karlo Alexei Nograles, chairman of the sponsoring Committee on Labor and Employment said.

On the other hand, TUCP partylist Rep. Raymond Democrito Mendoza, author of House Bill 5886, said the Philippines should adhere to the principle of equal treatment of migrant workers and national workers as regards to trade union membership and collective bargaining.

The bill seeks to amend Presidential Decree 442 or the Labor Code of the Philippines.

"The right to self-organization is a universal human and worker's right. The Philippines recognizes the right to self-organization, with the ratification of ILO (International Labor Organization) Convention No. 87 on Freedom of Association," Mendoza said.

Under the measure, all aliens, natural or juridical, as well as foreign organizations with valid permits issued by the Department of Labor and Employment (DOLE), may engage directly or indirectly in all forms of trade union activities but only through normal contacts between Philippine labor unions and recognized international labor centers.

Foreign workers in the country with valid permits issued by the DOLE may exercise the right to self-organization and join or assist labor organizations of their own choice for purposes of collective bargaining.

The bill also provides that foreign individuals, organizations or entities may give donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities. - By Dennis Carcamo (philstar.com)

DOLE warns against hiring foreign workers

MANILA - Amid reports of rising number of illegal foreign workers in the country, the Department of Labor and Employment (DOLE) yesterday warned local commercial establishments against hiring of foreign nationals without securing necessary employment permits.

Labor Secretary Rosalinda Baldoz said local employers hiring foreign workers without the necessary permit from DOLE face imprisonment and other penalties.

“DOLE is strictly enforcing the revised rules for the issuance of alien employment permits (AEPs), for which our regional offices have direct responsibility,” Baldoz noted.

Baldoz has already directed all DOLE regional offices to strictly enforce the rules on the issuance of alien employment permit.

Under the Labor Code, Baldoz said, any foreign national seeking admission to the Philippines for employment purposes, and any domestic or foreign employer who desires to engage a foreign national for employment in the Philippines, are requested to obtain an Alien Employment Permit from DOLE.

“The AEP is a permit issued to a non-resident alien or foreign national seeking admission to the Philippines for work after it has been determined a competent and able Filipino citizen is unavailable or unwilling at the time of application to perform the services for which the alien is desired,” Baldoz explained.

She said an AEP is also required for foreign nationals who assume a new job position within their current organizations or those who transferred to a new position within related companies.

Based on DOLE guidelines, DOLE regional directors are authorized to conduct ocular inspection to verify legitimacy of employment of foreign national and a verification inspection of the establishment employing foreign nationals within 30 days after issuance of the AEP.

Baldoz said foreign nationals found to be working in the Philippines without a valid AEP would be fined P10,000 for every year of illegal work or fraction, while companies that illegally employed them would also be subject to a fine of P10,000 for every year of illegal employment or a fraction thereof.

DOLE will publish an AEP application to allow the general public to object to the new employment or job change of the foreign national within 30 days from the time of publication.

Baldoz said DOLE regional directors could deny an application for an AEP if the applicant has been convicted of a criminal offense or is a fugitive from justice. DOLE may also may also motu proprio, or upon petition, cancel or revoke an AEP after due process based on meritorious objection or information against the employment of the foreign nationals.

The Trade Union Congress of the Philippines (TUCP) earlier reported a continuing growth in the number of illegal foreign workers in the country for the past years.

The greater bulk of the undocumented foreign workers here, TUCP claimed are Chinese nationals while others are Koreans, Japanese, Indonesians, Malaysians and Vietnamese.

Undocumented foreign workers are employed commonly in the construction, manufacturing, electronics, and services industries located in Metro Manila, Central Visayas, Davao Region, Zamboanga Peninsula, Bataan and Batangas. -By Mayen Jaymalin, The Philippine Star

Illegal foreign workers on the rise in Phl – TUCP

MANILA, Philippines - More foreigners are entering the country to illegally seek employment, according to the Trade Union Congress of the Philippines (TUCP).

TUCP spokesman Alan Tanjusay said the number of illegal foreign workers in the country has been increasing in the past years.

“The influx of migrant workers is a growing phenomenon in the country today,” he said.

TUCP estimates that over 3,500 foreigners are working in the country illegally.

The figure is expected to increase unless the government takes the necessary measures to control the entry of illegal foreign workers, he added.

Tanjusay said the bulk of undocumented foreign workers are Chinese nationals and others are South Koreans, Japanese, Indonesians, Malaysians and Vietnamese.

Undocumented foreign workers are often employed in the construction, manufacturing, electronics and services industries in Metro Manila, Central Visayas, Davao region, Zamboanga peninsula, Bataan and Batangas, he added.

The increasing number of migrants working without government permits and without fulfilling other requirements for alien workers has very serious implications in the current employment and underemployment situation, Tanjusay said.

Secretary Rosalinda Baldoz said only legal foreign workers pass through the Department of Labor and Employment (DOLE).

The entry of undocumented foreign workers is a concern of the Bureau of Immigration (BI), she added.

TUCP is pushing for the creation of a tripartite committee comprised of representatives from DOLE, BI and other concerned government agencies to stop the influx of illegal migrant workers in the country.

Tanjusay said the proposed committee is to ensure migrant workers go through the legal process and comply with the requirements of the Alien Employment Permit (AEP).

“The number of illegal migrants is growing very fast that it immediately needs government oversight to ensure that labor laws and standards are in place and are working to make sure there are no abuses and exploitations taking place,” he said. - By Mayen Jaymalin (The Philippine Star)

55 Chinese nationals detained for lack of working permits

BUREAU of Immigration (BI) agents arrested on Tuesday 55 Chinese nationals believed to have been working without proper permits.

The Chinese nationals, who were nabbed in raids in Manila, Quezon City and Malabon through a tip by the BI's anonymous source, are allegedly working in construction sites and retail establishments illegally.

BI spokesperson Elaine Tan said Wednesday these raids are part of the bureau's ongoing campaign to curb the number of foreigners suspected of working in the Philippines without the necessary documents.

"All apprehended subjects are presently being investigated whether the initial information against them are true," said Tan, adding the arrested foreigners are currently at the bureau's holding center in Bicutan, Taguig City.

"If the foreign national fails to present any document to support his employment, he will be issued the necessary charge sheet and will eventually be deported," Tan said.

She said that the efforts to identify the "bad guys" among foreigners in the Philippines are a work in progress.

"Based on our records, the 'bad guys' only comprise one percent of the foreign national population in the country. However, as their numbers are very minimal, the chance of locating them at the point of entry is like finding a needle in a haystack," Tan said.

The BI is presently pushing for a law to allow the Advance Passenger Information System to provide identification of the "bad guys" before their aircraft lands in the Philippines.

It is also planning to coordinate with the Department of Foreign Affairs (DFA) to formulate measures in screening foreigners prior to issuance of entry visas to the Philippines.

Last week, the Trade Union Congress of the Philippines (TUCP) asked the Senate and the House of Representatives to act on resolutions seeking to conduct an inquiry on the issue.

Senator Miriam Defensor-Santiago called for a hearing as early as December last year while TUCP party-list Representative Democrito Mendoza filed a similar resolution last February.

"There is indeed a clear, continuing and growing violation of our domestic laws. This undermines the job security in the country, as they compete with the already limited jobs generated for the Filipinos in our homeland," said TUCP spokesperson Alan Tanjusay.

He added that the presence of the illegal foreign workers has forced local job seekers to either seek employment abroad or just remain unemployed. (Sunnex) By Virgil B. Lopez

TUCP: Probe foreign workers in PH

The Trade Union Congress of the Philippines (TUCP) is looking to curb the rising number of foreigners working in the country without government permits, claiming that this negatively impacts local industries and the employment situation of Filipinos.

The TUCP said the Senate and the House of Representatives must probe into this issue and come up with measures to address it.

The Bureau of Immigration (BI) arrested 50 Chinese, one British, and one Australian employed at the construction of a coal-fired plant in Davao City last week for working without required Alien Employment Permits.

The BI also deported last year more than 200 foreign workers for the same reason.

TUCP spokesman Alan Tanjusay pointed out that a Congress investigation would benefit not only local workers but migrant workers as well, since it would ensure better working conditions for them. – Solar News Online

Probe sought on surging number of foreign workers

MANILA, Philippines - The Trade Union Congress of the Philippines (TUCP) yesterday called on Congress to investigate the surging number of Chinese and other foreigners allegedly working illegally in the country.

TUCP said the Senate and the House of Representatives must conduct a probe and come up with measures to curb the rising number of foreigners working in the country without government permits because this has adverse implications on local industries and in the employment situation of Filipinos.

Under the law, foreigners seeking employment in the Philippines are required to apply for an Alien Employment Permit.

But last week, the Bureau of Immigration (BI) arrested 50 Chinese, one British and one Australian employed at the construction of a coal-fired plant in Davao City for working without permits, the TUCP reported.

The BI also deported last year more than 200 foreign workers employed at construction sites in Bataan and Batangas provinces, again for working without permits, the labor group added.

“There is indeed a clear, continuing and growing violation of our domestic laws. This further undermines the job security in the country as they compete with the already limited jobs generated for the Filipinos in our homeland,” TUCP spokesman Alan Tanjusay pointed out.

TUCP party-list Rep. Raymond Mendoza earlier filed House Resolution 974, which seeks to conduct an inquiry, in aid of legislation, on illegal foreign workers in the country.

The investigation of Congress, Tanjusay noted, would benefit not only local workers but migrant workers as well, since it would ensure better working conditions for them.

Currently, illegal migrant workers are not covered by the law and therefore vulnerable to violation and exploitation of their basic rights.

Tanjusay also clarified that the TUCP is not against the entry of foreign workers in the country, but of its adverse impact on employment of Filipino workers, who leave the country to work abroad simply because there are no available jobs for them here.

- By Mayen Jaymalin (The Philippine Star)

TUCP seeks probe of foreigners working in PHL without permits

THE Trade Union Congress of the Philippines (TUCP) on Wednesday called for a thorough investigation on the entry of foreigners who are working in the country without government permits.

The group issued the call following the arrest of 52 more foreign workers allegedly working without valid working permits in Davao City last week.

In a statement, TUCP spokesman Alan Tanjusay said the arrest of the 42 foreigners in Davao City is proof that “there is a clear, continuing and growing violation” of the country’s laws.

The increasing incidence of migrants working in the country without government working permits and without fulfilling other requirements for alien workers has very serious adverse implications not only in the local construction industry, fishing, mining and other industries, but also in the current employment and underemployment situation in the country, he said.

Such trend, Tanjusay said, undermines the job security in the country, as these foreign workers compete with the already limited jobs generated for the Filipinos in the country.

For not having valid working permits, the Bureau of Immigration (BI) rounded up last week 50 Chinese, a Briton and an Australian working in the construction of coal-fired power plant Therma South Inc., a wholly-owned subsidiary of Aboitiz Power Corp.

There is also a need to investigate Aboitiz Power Corp. on how was it able to hire the foreigners amid the existence of the law, Tanjusay said. He said the foreigners must go through the due process legally mandated by the laws.

Under Department Order 12 (Series of 2001), known as the Omnibus Guidelines for the Issuance of Employment Permits of the Department of Labor and Employment, all foreigners seeking employment in the Philippines are required to apply for an Alien Employment Permit.

In December last year the BI detained and deported more than 200 foreign workers working in construction sites in Bataan and Batangas provinces after they were discovered to have without working permits.

Sen. Miriam-Defensor Santiago filed Senate Resolution 288 in December 2013 and Party-list Rep. Raymond Mendoza of TUCP filed House Resolution 974 on February 2014 to conduct an inquiry “in aid of legislation” on the matter but to no avail.

According to TUCP, Philippine unemployment rates have remained static on the average of 7 percent the past years. According to the April 2014 Labor Force Survey, the unemployment rate was at 7.0 percent or 2.924 million of the total labor force of 38,172,006, excluding the Typhoon Yolanda-stricken areas while 18.2 percent or seven million were underemployed, and about 36.9 percent or 1.078 million of the unemployed are were college undergraduates and graduates.

The World Bank in its Philippine Development Report (PDR) released in September 2013, estimates that about 10 million good jobs are needed to be generated per year which includes jobs for about three million people who are unemployed and seven million that are underemployed, and that the government also needs to create employment for another 1.15 million new entrants to the labor force every year from 2013 to 2016.

On the average, the government can only generate about 240,000 new employment opportunities annually which leave most job-seekers with no choice but to either seek employment abroad, remain unemployed, go back to school, or rely on financial support from employed family members for the time being, Tanjusay added.

- by Jonathan L. Mayuga, BusinessMirror

TUCP calls for probe on presence of illegal foreign workers

THE Trade Union Congress of the Philippines (TUCP) is calling on Congress to immediately conduct legislative inquiries on the continued presence of foreigners illegally employed in the country.

The labor group said there is already a need for Congress to intercede in the issue since many workers are affected by their presence.

"We urge the Senate and the House of Representatives to act on their pending resolutions calling for a probe in aid of legislation on the matter," said TUCP spokesperson Alan Tanjusay in a statement.

He noted how Senator Miriam Defensor-Santiago and TUCP party-list Representative Raymond Mendoza filed Senate Resolution 288 in December 2013 and House Resolution 974 on February 2014, respectively, both calling for an inquiry on the controversy.

However, Tanjusay noted that no hearing was called by either chamber of Congress since then.

The call comes after several foreign nationals, mostly Chinese, were arrested in Davao City after being found working without valid working permits last month.

Back in December 2013, more than 200 foreign workers employed in construction sites in Bataan and Batangas were also arrested and deported after they were discovered to have without working permit.

Tanjusay said it is unacceptable that domestic laws continue to be violated with the presence of foreigners allegedly working without valid working permits.

"There is indeed a clear, continuing and growing violation of our domestic laws. This undermines the job security in the country, as they compete with the already limited jobs generated for the Filipinos in our homeland," said Tanjusay.

Tanjusay said the presence of the illegal foreign workers ultimately forces local job seekers with no choice but to either seek employment abroad or just remain unemployed.

"We clearly reiterate that TUCP is not against the entry of foreign workers in the country, but of the adverse impact on our very own workers, who are being deprived of potential employment and livelihood opportunities," Tanjusay said.

To note, one of the requirements in getting an Alien Employment Permit (AEP) is the determination of the Labor Secretary that there is no Filipino national who is competent, able and willing to do the job for which the services of the applicant is desired. (HDT/Sunnex)

TUCP urges Congress to probe rising number of illegal foreign workers in PH

MANILA, Phlippines -- A labor group on Wednesday urged Congress to look into what it called the increasing number of foreigners working in the country without working permits.

The Trade Union Congress of the Philippines’ call came following the of 52 more foreign workers allegedly working without valid permits in Davao City last week.

“The increasing incidence of migrants working in the country without necessary government working permits and without fulfilling other requirements for alien workers has very serious adverse implications not only in the local construction industry, fishing, mining and other industries, but also in the current employment and underemployment situation in the country," TUCP spokesperson Alan Tanjusay said in a statement.

The Bureau of Immigration in Davao rounded up 50 Chinese, one British and one Australian working on the construction of the coal-fired power plant of Therma South Inc., a subsidiary of Aboitiz Power Corporation.

TUCP also called for the investigation into how Aboitiz Power hired the foreigners despite the lack of work permits.

In December last year, the BI detained and deported more than 200 foreign workers working without permits at construction sites in Bataan and Batangas provinces.

While stressing that the TUCP is not against foreign workers in the country, Tanjusay said those without valid permits are vulnerable to abuse.

“They are susceptible to being abused for reasons such as their lack of capacity to speak and understand the Filipino language and other exploitative working conditions such as unjust compensation given to them. They should enjoy the freedom from this worst form of modern-day slavery,” he said.

Senator Miriam-Defensor Santiago and TUCP party-list Representative Raymond Mendoza have filed resolutions for inquiries into the matter.

Department Order No. 12 (Series of 2001) known as the Omnibus Guidelines for the Issuance of Employment Permits of the Department of Labor and Employment requires all foreigners seeking employment to apply for an Alien Employment Permit. - By: Lira Dalangin-Fernandez, InterAksyon.com